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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5276
Experience:  Extensive experience representing employees and management
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On 02/09/2012, I was away on a 2 week vacation in Egypt. During

Customer Question

On 02/09/2012, I was away on a 2 week vacation in Egypt. During that time, I had liposuction and gynecomastia procedures done by a doctor overseas. I came back to work on 02/16/2012. On 02/22/2012, I experienced extreme pain and noticed increased swelling in the surgery area and my feet. I left work early, headed to my doctor in Dana point, CA, who adviced me to rest for a minimum of a month. I notified work of that and asked for the medical leave of absence paperwork to be mailed to me. I had a follow up appointment on 3/14/2012, at which time the doctor told me that I should be back to work around the 26th. My last appointment with him was on 3/28/12, at which time he signed leave of absence paperwork with a release date of 04/2/2012. My supervisor contacted my on 3/28/2012 (date of my last doctor's appointment) so I adviced him that I am on my way to see the doctor and that I should be fine to go back to work within a few days. continued down below
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What question do you have regarding your situation?
Customer: replied 2 years ago.
Following on the information provided above, He then asked me to come to a management meeting on 03/30/2012. I told him that I will try but I will have to wait until after the doctor's appointment. On 3/30/2012, I called him to let him know that my release date is not until 4/2/12 and that I won't be able to make it to the meeting. He then said that the company has not received my leave of absence paperwork and that I would have to report to the meeting the same day. He continued saying that this is the last management meeting they will hold for a while and that he will need me to be there because it is rediculous to hold a future meeting just for me. I contacted the doctor to see why the fax wasn't sent to my company. His office said that on 3/29/2012, they were short on staff and that they will take care of it immediately. My manager called once again and asked why I weren't in the meeting yet. I explained to him that the paperwork should be already with corporate and that he will have to excuse me from this meeting. He said that I am absolutely not excused and to consider myself suspended until he contacts human resources. So now I am waiting but what should I do if he fires me? Is this lawful? I am a pharmacy manager for Rite Aid in mammoth lakes and have worked with them since 01/2011
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

Unfortunately, as an at-will employee, you could be terminated at any time for any reason with or without prior notice.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, which states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

However, if you applied for and received FMLA leave, then your employer would be prevented from taking any retalitory action against you,
including, and up to, termination, and you could file a compalint with the EEOC if you were terminated.

You can file a claim using the instructions available online here:

http://www.eeoc.gov/employees/charge.cfm
Customer: replied 2 years ago.
Am I entitled for a paycheck from corporate while on sick leave for the period between 02/22/2012 to 04/02/2012. If not, does a state disability program pay if someone is sick and can't work? If yes, how do I go about applying for that?
Expert:  Joseph replied 2 years ago.
If you have paid sick leave, then you would be entitled to sick leave benefits.

If you aren't entitled to sick leave then you can file for State Disability Insurance.

You can apply using the instructiosn available online here:

http://www.edd.ca.gov/Disability/DI_How_to_File_a_Claim.htm
Customer: replied 2 years ago.

This question is for a different issue and I thought I would get your expert opinion on it. A tenant who had signed a rental agreement to lease my condo from 01/2011 till 01/2012 started falling behind on payments in 03/2011. I make the biggest mistake of liking her and started to give her breaks in the form of making smaller payments of $600 to 900 every 3 weeks or so while accumulating the balance of what was left unpaid. I never showed up at her door at all or asked her to do me any sexual favors in exchange for a lesser rent. I however started texting her and expressing my interest in her. She would respond 75% of the time and we would text back and forth. Some of the text message included sexual content in the form of modeling pics she made and nude picture of me. We talked about her favorite sex position, her interest in having breast implants, etc. talk of this nature which I regret now. In May, it came to my attention by my parents who went to get some items in storage (after I asked the tenant's permision of course) that the condo is in the worst condition. There were also some neighbor complaints about noise and association complaint about trash left in undesignated areas. I decided to end the lease because she had fallen behind on payments but on top of that and what more important is her abusing my first and only investment in life (my condo). She then refused to pay and I got a lawyer. The following email summarizes what was agreed upon but not done on her behalf. She threatens to counter sue me for sexual harrasement and notifiy my job to get my fired if I dont drop the case against her. CAN SHE HAVE A SOLID CASE AGAINST ME?

EMAIL: You have indicated and agreed to settle to $1,580 when you could have refused to pay anything if you really had legitimate accusations. We have your agreement to pay recorded on several emails. You have tried to play me and my attorney with ridiculous accusations which at the time I thought I would rather not deal with, not because they are true, but because I would rather avoid all the unneeded inconveniences and headaches that they may bring. At this time; however, I will not take any threat of harrasement or whatever you think you may have against me. You have proved to lie and not be a person of her word. You have cut and pasted parts of text messages that can be misinterpreted when read outside of their context and sent them to my attorney. You have sent me exotic modeling pictures of yourself and talked about wanting breast implants for a modeling career before I even sent you any pictures. Phone calls were not made in the middle of the night, definitely no later than 11. Your conversations with me will all be taken in account at any court that will see how this was not a one way long distance sexual talk and that you may have actually trapped me intentionally into this so I can go easy on you with late rent or so that you may use it against me at a future date. Let's finalize this once and forever by having you pay the $1,580 that you had agreed to pay, obtain a copy of my signed settlement prepared by my attorney, and sign it yourself. Seriously, at this point I will not consider any threats of counter suing from you if you do not pay the $1,580.
Thanks,
Amir

Expert:  Joseph replied 2 years ago.
Unfortunately, you need to post that question as a separate question per the the JustAnswer Terms of Service.
Customer: replied 2 years ago.
I dont know what you are talking about. I just had it answered by another lawyer on here. This is nonsense. This is grown up talk and any law suit can involve adult material if thats what you are referring to.
Expert:  Joseph replied 2 years ago.
No, that's not what I'm referring to. Since it's a new question you need to post it as a new question. Also, please accept my answer to your initial question. Thank you.

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Joseph
Joseph
Attorney at Law
3767 Satisfied Customers
Extensive experience representing employees and management